PROPERTY RELATIONS
USED TO DISTINGUISH A CONJUGAL OR COMMUNITY PROPERTY
FROM AN EXCLUSIVE PROPERTY
ART. 74 OF THE FAMILY CODE
• The property relationship between husband and wife
shall be governed in the following order:
1. By marriage settlements executed before the
marriage
2. By the provisions of law
3. By the local custom
TYPES OF PROPERTY RELATIONS OR
MARRIAGE SETTLEMENTS
1.Absolute Community of Property (ACoP)
2.Conjugal partnership of gains (CPG)
3.Complete separation of property
4.Any other regime
LAW GOVERNING PROPERTY RELATIONS
The provisions of the Family Code (E.O No 209) shall govern
the property relations between husband and wife whose
marriage was celebrated on or after its effectivity (August 3,
1988).
ACOP
• In general, the provisions on co-ownership shall apply
to the absolute community of property between
spouses.
• The spouses become co-owners of all property they
bring into the marriage and those acquired by each or
both of them during marriage.
• Commence at the precise moment that the marriage
is celebrated.
ACOP
CPG
• The husband and wife place in a common fund the
proceeds, products, fruits and income from their
separate properties and those acquired by either or
both spouses through their efforts of by chance, and
upon dissolution of the marriage or of the partnership,
the net gains or benefits obtained by either or both
spouses shall be divided equally between them,
unless otherwise agreed in the marriage settlements.
CPG
CONJUGAL DEDUCTIONS
1. The support of the spouses, their common children, and
legitimate children of either spouses.
2. All debts and obligations contracted during marriage by
the designated administrator-spouse for the benefit of the
conjugal partnership, or by both spouse, or by one of them
with the consent of the other.
3. Debts and obligations contracted by either spouse without
the consent of the other to the extent that the family may
have benefited.
CONJUGAL DEDUCTIONS
4. All taxes, liens, charges, and expenses including
major and minor repairs upon conjugal property.
5. All taxes and expenses for mere preservation, made
during the marriage, upon the separate property of
either spouse.
6. Expenses to enable either spouse to commence or
complete a professional, vocational, or other activity
for self-improvement.
CONJUGAL DEDUCTIONS
7. Debts before marriage of either spouse in so far as they
have redounded to the benefit of the family.
8. The value of what is donated or promised by both
spouses in favor of their common legitimate children for
the exclusive purpose of commencing or completing a
professional or vocational course or activity for self-
improvement.
9. Expenses of litigation between spouses, unless the suit
is found to be groundless.
COMPLETE SEPARATION OF PROPERTY
• To each spouse shall belong all earnings
from his or her profession, business or
industry and all fruits, natural, industrial
or civil, due or received during the
marriage from his or her separate
property.
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
Capacitated to Marry
1. Wages and salaries shall be owned by them in equal shares.
2. Property acquired by both of them through their work or
industry shall be governed by the rules on co-ownership.
3. Neither party can encumber or dispose by act inter-vivos his
or her share in the property acquired during cohabitation
and owned in common, without the consent of the other,
until after the termination of their cohabitation
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
Incapacitated to Marry
1. Only the property acquired by both of them through
their actual joint contribution of money, property or
industry shall be owned in common in proportion to
their respective contributions.
2. The share of any party who is married to another shall
accrue to the absolute community or conjugal
partnership, as the case may be, if existing under the
valid marriage.
